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    Obuntu-bulamu and the law : an extra textual aid statutory interpretation tool
    (Jescho Publishing House, 2020) Lubogo, Isaac Christopher
    There is a patriotic obligation on all of us not to allow our Constitution and the idea of respect for human rights and dignity to s1ide into such disrepute. The debate over whether or not Obuntu-bulamu can be translated into a justiciable principle turns not only on the definition one gives to Obuntu-bulamu, but also on how and why Obuntu-bulamu can be considered an 'African' value. Obuntu- bulamu, or something very close to it, appears in most African languages what remains therefore is the complex ethno-philosophical questions of whether or not Obuntu-bulamu actually represents a key ethical principle or ideal in African philosophy generally. In doing so one should be able to realise, at the very least, that the question of 'what is' and 'what can' constitute an 'African' legal philosophy lies at the very heart of this discussion. A related question therefore becomes what role should this African philosophy, including African political and ethical philosophy; play in the development of a constitutional jurisprudence for Uganda. In this book, I construct an ethical principle that not only grows out of indigenous understandings of Obuntu-bulamu, but is fairly precise and clearly accounts for the importance of individual liberty, and is readily applicable to addressing present-day Uganda as well as other societies. To flesh out these claims, I explain how the Obuntu-bulamu-based moral theory I spell out how it serves as a promising foundation for human rights. Although the word Obuntu- bulamu does not feature explicitly in most Constitutions that were ultimately adopted in some countries, my claim is that a philosophical interpretation of values commonly associated with Obuntu-bulamu can entail and plausibly explain this book construal of human rights. In short, I aim to make good on the assertion made by sound Constitutional jurisprudence that Obuntu-bulamu is the 'underlying motive of the Bills of Rights. Note that this is a work of jurisprudence, and specifically of normative philosophy, and hence that I do not engage in related but distinct projects that some readers might expect. For one, I am not out to describe the way of life of any particular people. Ofcourse, to make the label Obuntu-bulamu appropriate for the moral theory I construct, it should be informed by pre-colonial African beliefs and practices (since reference to them is part of the sense of the word as used by people in my and the reader’s linguistic community). However, aiming to create an applicable ideal that has an African pedigree and grounds human rights, my ultimate goal in this book is distinct from the empirical project of trying to project of trying to accurately reflect what a given traditional black people believed about morality something an anthropologist would do. For another, I do not therefore engage in legal analysis, even though I do address some texts prominent in African legal discourse. My goal is not to provide an interpretation of case law, but rather to provide a moral theory that a jurist could use to interpret case law, among other things. I begin by summarizing the Obuntu-bulamu-based moral theory that is developed elsewhere and then articulate its companion conception of human dignity. Next, I invoke this concept of human dignity to account for the nature and value of human rights of the sort characteristic required as a sound Ugandan constitution. I apply the moral theory to some human rights controversies presently facing Uganda (and other countries as well), specifically those regarding suitable approaches to dealing with compensation for claims, and sound policies governing the use of deadly force by the government. My aim is not to present conclusive ways to resolve these contentious disputes, but rather to illustrate how the main objections to grounding a public morality on Obuntu-bulamu, regarding vagueness, collectivism and anachronism, have been rebutted, something I highlight in the conclusion. As with any other system, the Obuntu-bulamu philosophy and the African socio- cultural framework present some challenges. Most of the challenges that are reviewed are based on my experience and my own observation as part of the African community. The findings of other who have researched this and related questions are also referred to accordingly.
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    A treatise to my learned friend the Attorney at Law
    (Marianum Press Ltd, 2020) Lubogo, Isaac Christopher
    More often than not the law is usually argued to be a sworn commitment to asset of absolute fixed ideas within rigidly narrow parameters. The letter of the law is often framed in absolutes, stated in black and white but very often served in shades of gray. We are humans in our weakest moments and perhaps our noblest we are indeed humans, that is why we temper with those black and white absolutes with the aid of jurors (obuntu-bulamu system) in order to humanize our judicial system to render the system fair, compassionate and imperfect. Obuntu-Bulamu is Altruism (a regard for and devotion to the interest of others) our willing to give up selfish self interest for the welfare of others because in the end I am because we are and for some reason I can never be I am I ought to be until you are what your meant to be. Best demonstration of Obuntu Bulamu in our daily lives is best captured in the coin ” a pound of flesh” William shakes pears play Merchant of Venice the character Portia says this line on the instance of shylock, the Jew for the payment Antonios flesh, which is a central point of the play. In Act IV Scene 1 Portia concludes the conflict between shylock and Antonio by saying to shylock, “Take thy bond, take thou thy pound of flesh” In law when something is owed it needs to be paid back at every cost Shakespeare coined this phrase in a figurative way, which refers to a lawful but unreasonable recompense during the 18th century and very much so even now. Here the mention of the flesh suggests vengeful, bloodthirstiness, and inflexible behavior to get back borrowed money (debt). Shylock expresses spiteful penalty from Antonio, and then Portia repeats his lines with a solution in the Act-IV, Scene 1 of shakes pears play merchant of venice: lines 295- 303
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    The law of oil and gas in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    The history of petroleum from 1859 up to about 1960 is inseparable from that of the big oil companies which formed and grew rapidly in order to seek, produce, transform, transport and sell this precious liquid. The first company to become very large in the oil sector belonged to John D. Rockefeller. He initially headed up a wholesale business, one of whose products was petroleum, and built the first refinery in Pennsylvania, then a second, progressively extending his activities to cover the entire range of activities of the burgeoning petroleum industry. He acted according to a number of simple but effective principles: control the various links in the petroleum chain (storage, refining, transport, distribution infrastructure) and ensure that they operate at minimum cost. Rockefeller eschewed production, which he considered anarchical, preferring to buy in his crude, which was then available on the market at a very competitive price.
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    Cyber law in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Cyber law is the law governing the internet and all digital transactions carried out thereon. Cyber law is indeed one of the novel areas of the legal system. This is because internet technology develops at such a rapid pace. Cyber law provides legal protections to people using the internet. This includes both businesses and everyday citizens. Understanding cyber law is of the utmost importance to anyone who uses the internet. Cyber Law has also been referred to as the "law of the internet. Cyber law covers a fairly broad area, encompassing several subtopics including freedom of expression, access to and usage of the Internet, and online privacy. Generically, cyber law has been referred to as the Law of the Internet. Information technology law provides the legal framework for collecting, storing, and disseminating electronic information in the global marketplace. Hence, Cyber law can be considered as a part of the overall legal system that deals with the Internet, E-commerce, digital contracts, electronic evidence, cyberspace, and their respective legal issues. Attorneys practicing in this area of the law represent individuals and businesses from all different industries. They help structure information technology transactions in a way that maximizes the client's economic benefit while ensuring regulatory compliance. A great deal of emphasis is also placed on anticipating potential sources of dispute between the parties to a transaction, and crafting agreements that address these concerns, thereby reducing the risk of litigation.
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    Law of forensics : a proof beyond the shadow of doubt
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Everything is a self-portrait, a diary, your whole drug history’s in a strand of your hair. Your fingernails the forensic details the lining of your stomach is a document. The calluses on your hand tell all your secrets. Your teeth give you away. Your accent, the wrinkles around your mouth and eyes, everything you do shows your hand. (Chuck Palahniuk) This book gives an understanding of the application of forensic sciences to the law. It covers the crime scene investigation process, and provides an overview of the various kinds of forensic evidence that may be collected and presented in court. Points out the identification, documentation and collection of physical evidence, including fingerprints, shoe impressions, hair fibers, firearms evidence and questioned documents, It considers biological evidence, including DNA, and tries to analayze the scientific unimpeachablity of DNA, blood spatter and other fluids, forensic anthropology and odontology. Finally, the book engages fire investigation and forensic accounting. It is designed to provide a foundation in the field of criminalistics to who are interested in the use of science and law to solve crime, and considers the impact of television and other media on the field of Forensic Science and the courtroom.
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    The law of penology and criminology "I can’t breathe" : a legal philosophical appraisal of the need to hamornize the law in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    “If a law is unjust, a man is not only right to disobey it, he is obligated to do so as a test of legal validity, any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority “Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless.” ~ Isaiah 10:1 Recent developments in the law have occurred against a background of mounting public anxiety about violent street crime. Leading politicians have proclaimed crime a priority rivaling even inflation and defense. As the sense of urgency intensifies, the desperate search for answers quickens. Virtually every day, a politician, editorial writer, or criminal justice professional offers a new prescription for ending crime. I believe the discussion currently raging over justice issues can best be understood by focusing upon a central question: Must we compromise the most basic values of our democratic society in our desperation to fight crime? I have elsewhere considered the implications of this question for issues of criminal responsibility and for policy choices in the administration of justice. In this book, I will examine the ways in which different answers to this fundamental question can affect the development of legal doctrine, particularly with respect to the constitutional rights of those accused of crime. Proficiency in law involves a number of different skills and competencies. It requires knowledge of the rules wherein the elements of criminal offences are to be found. It requires knowledge of the rules of evidence and procedure. It requires an ability to identify the rule(s) applicable to a fact situation and to apply them logically and coherently. Attaining these latter competencies is necessary to discharge effectively the day-to-day tasks of a criminal lawyer solicitor, advocate or judge. However, true mastery requires something further. It requires also a critical and evaluative attitude. The law in action is not just a matter of doctrine , it has its purpose that is the delivery of justice and criminal justice which are a contingent outcome in which rule, process and context all play their part. It is not simply a logical description of what happens when rule meets (prohibited) event. Understanding the law requires, therefore, an appreciation of the day-to-day workings and constitution of the criminal justice system. Moreover, it requires an understanding of the resources of the criminal law to produce substantive justice. If the mechanical application of a given rule to a fact situation acquits a dangerous or wicked person, or convicts someone neither dangerous nor blameworthy according to ordinary standards, the law may be considered not only ‘an ass’ but as confounding its own rationale. Understanding this “I CAN’T BREATHE” A LEGAL PHILOSOPHICAL APPRAISAL. rationale is also, therefore, a necessary preliminary to understanding the law itself since it will inform a realistic appreciation of what can be argued and what cannot. At its most basic, to know what the law is may require an understanding of how to produce cogent and principled arguments for change. This book seeks to examine the rules of the law in an evaluative context. It concerns itself with what makes a crime, both at a general theoretical level and at the level of individual offences. It addresses what the law is and, from the point of view of the ideas, principles and policies informing it, also what it ought to be. We will explore some general matters which will help to inform such an evaluative attitude, the principles and ideas informing decisions to criminalize will be considered. What is it, say, which renders incitement to racial hatred a criminal offence, incitement to sexual hatred a matter at most of personal morality and sexual and racial discrimination a subject of redress only under the civil law? This book examines punishment and the theories used to justify it. Although this is the subject-matter of its own discrete discipline, namely penology, some understanding is necessary for the student of law. It provides a basis for subjecting the rules of criminal law to effective critical scrutiny. If we have a clear idea of why we punish, we are in a position to determine, for example, what fault elements should separate murder from manslaughter, or indeed whether they should be merged in a single offence. Without such an idea our opinions will, inevitably, issue from our prejudices rather than our understanding. Individual offences themselves are covered and although elements of these offences vary, they have certain things in common. In particular, they require proof of some prescribed deed on the part of the offender unaccompanied by any excusing or justifying condition, together with a designated mental attitude, commonly known as guilty mind. Since this model of liability (conduct–consequence–mental attitude–absence of defense) is fairly constant throughout the criminal law these separate elements and the ideas informing them will be explored in before we meet the offences themselves, so as to avoid unnecessary duplication. Finally, we will examine how criminal liability may be incurred without personally executing a substantive offence, whether by participating in an offence perpetrated by another or by inciting, attempting or conspiring to commit a substantive offence. Before tackling these issues we will, examine some general issues pertinent to understanding the law and its operation, concentrating, in particular, upon the philosophy, workings and constitution of the justice system.
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    Freedom through law
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    If the legal system or a particular law is wrong or not good enough, and should be changed: if that is against the law, then the law is an ass – an idiot….said of a law that one thinks is unnecessary or ridiculous. The phrase comes from Charles dickens Novel Oliver twist this opinion was expressed by Mr. Bumble, when he learned from Mr. Brownlow that, under Victorian law, he was responsible for actions carried out by his wife. His words and action vividly convey the extent of his indignation when he apprised of this legal fact, if thatʼs the eye of the law, the law is a bachelor: and the worst I wish the law is that his eye may be opened by experience. (Resonate with changing society) This is the very purpose of this book the law should be seen to resonate with changing society not a dogma for if we fail to do so then to use Shakespeareʼs exact line by the famous plotter of treachery “ the first thing we do, letʼs kill all the lawyers” this was stated by dick the butcher in Henry VI part II, Act IV, Scene II, LINE 73 Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society. It is among Shakespeareʼs most famous lines, as well as one of his most controversial. Shakespeare may be making a joke when character “Dick the Butcher” suggests one of the ways the band of pretenders to the throne can improve the country is to kill all the lawyers. Dick is a rough character, a killer as evil as his name implies like the other henchmen, and this is his rough solution to his perceived societal problem. The line has been interpreted in different ways: criticism of how lawyers maintain the privilege of the wealthy and powerful; implicit praise of how lawyers(law) emphasis added stand in the way of violent mobs; and criticism of bureaucracy and perversions of the rule of law under THE NAME OF DOGMA
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    Intelligent design and the African ontological and epistemological aesthetics: A legal philosophical discourse
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    This book introduces the controversy over intelligent Design; introducing some closely related views, such as creationism, theistic evolutionism and naturalistic evolutionism. It deals with the relationship of African jurisprudence and the natural sciences as a complex and controversial issue, it introduces many basic concepts used in the African context and African science discussion, and shows how my own approach of the intelligent design debate builds on these. It analyses the basic ideas and logic of design arguments, as well as setting the stage for further analysis and explores the philosophical and Africanized questions raised by the previous authors, with particular focus ion analyzing critiques of “designer of the gaps” and “naturalism of the gaps arguments.” It focuses further on the intensions between ID and African theistic evolutionism and further analyses the discussion surrounding the problem of natural evil and design arguments it summarizes the philosophical basis of the fine-tuning argument or the problem of natural evil. However, my purpose is into to provide the deepest analysis of fine-tuning or the problem of natural evil to date, but rather to provide an analysis of the intelligent design movement’s particular design arguments and the structure of thought which underlies them in the African way. For this purpose, it is necessary to examine this design argument from a variety of angles, this will make it impossible to see anew connections and intensions that have into been clear in previous researchers. Furthermore, since the issues are linked advancing the discussion requires understanding all of the central issues surrounding design arguments. The breadth of this book is also necessary to demonstrate how philosophical and African innate ideas influence the discussion and what their role is in relation to the empirical arguments. based on my analysis of the arguments used in this book, I have reached the overarching conclusion that there is no philosophical or Africanized jurisprudential silver bullet that could by itself settle the discussion either for or against ID’s design arguments, though philosophical and Africanized reasons can and do influence our beliefs regarding the history of life, evolution and design, such considerations cannot allow us to wholly bypass discussion of the empirical evidence. Opinions about the designedness (and undesignedness) of the cosmos are in practice formed in a complex interplay of many influences, including empirical, philosophical, theological and psychological factors, among others. (The theological and philosophical side of Intelligent Design is also very important for the movement itself, even though this side of the movement is not mentioned in the CSC’s definition. It is possible that the omission is made for the strategic reason that emphasizing the theological side of ID’s project could make it more difficult to get a hearing for ID’s empirical arguments in the secular media and public schools.) The discussion ion ID often impinges on fundamental theological and philosophical questions regarding the relationship of science and religion, the ultimate character of reality and how beliefs are justified. There are many interesting philosophical issues to analyse in design arguments, and the argument’s logical structure needs to be clarified. The evaluation of the current state of natural science is not necessary for this kind of philosophical work, Philosophical and theological differences strongly influence the different views about the rationality of design arguments, and not acknowledging their important role on all sides would lead to a misleading representation of the debate.
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    The executive constitutional mandate. Demystifying the fountain of honor. Presidential powers overreach in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    When a counrty is hurtling towards its destruction merit and intergrity are sacrificed at the Alter of atavisitic ethnic jingoism camofaulegled through processes that are carefully choreographed to hoodwink the casual observers (Prof. PLO Lumumba) In my much coveted book Obuntu Bulamu and the Law: An Extra Texual Aid Statutory Interpretation Tool (Lubogo 2020), I explain how Prof. Oloka-Onyango in Ghosts & the Law, An Inaugural Lecture, explores how the ghosts have infested the law in Uganda concerning, for example, judicial restraint and conservatism. He considers the Political Question Doctrine (PQD) as the essence of the ghost of ex parte Matovu, (in the case of Uganda v. Commissioner of Prisons, ex parte Michael Matovu1 ), which influenced the outcome of most cases which even simply challenged the exercise of executive power. (which this book intends to achieve) Thus, in the case of Opoloto v. Attorney General2 which concerned the dismissal of the then army commander for refusing to execute the order to attack the Kabaka’s palace, the court held that the Ugandan president had inherited the prerogative powers of the British monarch to dismiss at will officers in its service. 3 This is a demonstration of the spill-over of the Western colonial influence on post-independent legal system in Uganda. The author contends that Matovu’s case has found a way of holding the courts ransom in several court decisions. 4 In his judgment in the Tinyefuza case5 in the Supreme Court, Justice Kanyeihamba observed that certain boundaries existed over which the Judiciary should not cross, he however, overruled the decision in Opoloto’s case, arguing that “In this age of modernity, democracy and entitlement to human rights and freedoms, Opoloto’s case can no longer be treated as good law. 6 Prof. Oloka-Onyango (2017) in his book, when Courts Do Politics: Public Interest Law and Litigation in East Africa, considers how courts relate to and are affected by politics such as in the appointment of Judges by the executive. He contends that the present defenders of impartial judiciary would not easily claim that courts have nothing to do with politics. The political operation of the courts, he suggests can be determined by examining where the Judges come from, what they did prior to getting onto the bench, and how they got there. For those that rose through the ranks, their decisions in the lower courts could be examined. For those from academia, a review of their published works could be examined. Such analysis could help determine a Judge’s ideological orientation, what he describes as judicial politics. The author dispels any guarantee of a status quo once a Judge has been appointed, and argues that such orientation and perceived loyalty to the appointing authority was prone to change.
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    The law of sports and entertainment in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Sports can be defined as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. According to the Oxford Dictionary, sport is an amusement, diversion, fun, pastime and game. Sports have been differentiated from games on the basis of the high physical skill factor they involve, and a sociologist has defined sport as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. Others define, sport, as a combination of physical and mental activity, governed by a set of rules or customs with social, educational and cultural dimensions. According to Bellis Mary, the documented history of sports goes back to at least 3000 years. In the beginning, sports often involved preparation for war or training as hunters which explain why so many early games involved throwing of spears, stones and rocks and sparring one on one with opponents. The physical activity that developed into sports had early links with ritual, warfare and entertainment. As far back as the beginning of sport, it was related to military training. For example, competition was used as a means to determine whether individuals were fit and useful for services. With the first Olympic Games in 776 BC that included events such as foot and chariot races, wrestling, jumping, discus and javelin throwing the ancient Greeks introduced formal sports to the world.
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    Law on professional malpractice in Uganda
    (Jescho Publishing House, 2021) Lubogo, Isaac Christopher
    Professional malpractice refers to negligence or misdeeds by many professionals such as doctors, dentists, chiropractors, optometrists, nurses’ architects, engineers. Professional misconduct seems to be a topic in daily news headlines. Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on lawyers, pastors, judges, accountants and engineers, traditional medical practitioners, doctors and all other experts to perform their jobs prudently. They are entrusted with the sacred duty of preserving virtues of life, promoting justice for the oppressed, protecting health, offering penance to those who repent. However, these people instead act contrary and thus the term Professional misconduct. States governed by their various laws provide solutions to the violations conducted by these professionals. The law of Professional Misconduct aims at addressing professional negligence, creating a forum for redress mechanisms, promoting accountability, fostering patient safety and providing quality services. Meaning of Professional. The word Professional means practicing of a learned art in a characteristically methodological, courteous manner.1 It should be noted and recorded that every profession is guided by a code of conduct of ethics and headed by an overall or regulatory body. The conduct of conduct sets the standard of minimally accepted conduct within their profession. They act as a guide to ensure right and proper conduct in the daily practice of the profession.
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    Digital money : the law of crypto currency and cryptography in Uganda
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Ordinarily, a cryptocurrency is a digital currency. Crypto currencies are digital assets that are designed to effect electronic payments without the participation of a central authority or intermediary such as a Central Bank or licensed financial institution. It is a medium of exchange that is in the form of digital asset and is designed to use strong cryptography in securing financial transactions; the control of creating additional units; and verifying asset transfer. Put more simply, it is a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority. Cryptocurrencies’ may have an effect of bypassing the traditional established centralized systems of money transaction control and this factor has to some minor extent contributed to the skepticism that some economies have towards adopting this trend. In the making of Bit coins, the framers envisioned a world here people would use this digital currency for almost all transactions. No wander still, that the traditional banking system wants to control or eliminate bitcoin. Despite the skepticism surrounding Bitcoins, some countries have endorsed it.
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    Objection my Lord: Civil litigation
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    he formalization of instructions is the reducing agreement stipulating that the named client has issued the advocate with instructions in a given matter and the forms of remuneration agreed upon by the client and the advocate in the agreement. Sometimes it is referred to as a letter of engagement. Regulation 2(1) of the Advocates (professional conduct) Regulations bars an Advocate from acting for any person unless he/she has received instructions from the said person. In the case of Okodoi George & Anor v. Okello Opaire, HMCA NO. 0143 of 2016, court held that the onus is on the Advocate to take steps to make it known to all. The SC in Kabale Housing estates Tenants Association v Kabale Mem L.C CA.15 of 2013 INTERVENTION AS COUNSEL IN AN EXISTING SUIT. Regulation 2(1) of the advocates (professional conduct) regulations provides that no advocate shall act for any person unless he or she has received instruction from that person or his or her duty authorized agent. Justice Kawesa in the case of Okodoi George and anor v okello opaire sam, hct-04-cv-ma-0143 of 2016 held that the practical meaning of the aforementioned provision is that the onus is on the advocate so instructed to take steps to make it known to all concerned that he/she has been duty instructed. The prudent advocate, in practice takes out a notice of instruction informing the court and the opposite counsel of such instructions. The court further held that where, there is a change in instructions, again the prudent advocate files a “notice of change of advocates.” all this is aimed at avoiding a scenario where the advocates instructions end up being challenged. PROCEDURE. 1) Inquire from advocate why client wants to change advocate and for any other relevant information. 2) Draft an engagement letter. 3) Draft and file a notice of change advocate in court and serve it on the former advocate. 4) Draft a notice of instructions
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    A Legal Appraisal of “Njaga” Cannabis and Associated Medicinal Herbs in Uganda
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Cannabis is a drug plant. People use the dried leaves, seed oil, and other parts of the cannabis plant for recreational and medicinal purposes. It can have a pleasurable effect and may soothe the symptoms of various conditions, such as chronic pain. It is prudent to say that the first written record of the plant consumption and growing is in South Africa. Jan van Riebeeck, who ordered officers of the Voorman to purchase "daccha" in Natal for trade with the Khoikhoi. The Dutch East India Company attempted to establish a monopoly on its sale, and to that end prohibited cultivation of the plant by Cape settlers from 1680. However, the ready availability of cannabis in the wild and through trade with indigenous peoples meant that there was little profit to be made. Consequently, the prohibition was lifted in 1700. Beginning in 1860, the Natal Colony began to import Indian workers (called "coolies" at the time) to supplement their labour force. These Indians brought with them the habit of consuming cannabis and hashish, which blended with local, extant African traditions. The European authorities were concerned by this practice, believing it sapped the vitality of their workers; consequently, in 1870, Natal's Coolie Law Consolidation prohibited "the smoking, use, or possession by and the sale, barter, or gift to, any Coolies whatsoever, of any portion of the hemp plant (Cannabis sativa) ..." Over 10 countries have now legalized marijuana, these include, Lesotho. The high-altitude, landlocked kingdom encircled by South Africa, was the first country in the continent to legalise medicinal cultivation of weed in 2017, South Africa, Netherlands, Canada, Colombia, United States, Rwanda, Morocco. The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. [1][2] Cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse. The use of cannabis for recreational purposes is prohibited in most countries; however, many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Asian and Middle Eastern countries where possession of even small amounts is punished by imprisonment for several years. Countries that have legalized recreational use of cannabis are Canada, Georgia, Malta, Mexico, South Africa, Thailand, and Uruguay, plus 19 states, 2 territories, and the District of Columbia in the United States and the Australian Capital Territory in Australia. Commercial sale of recreational cannabis is legalized nationwide in two countries (Canada and Uruguay) and in all subnational U.S. jurisdictions that have legalized possession except Washington, D.C. A policy of limited enforcement has also been adopted in many countries, in particular the Netherlands where the sale of cannabis is tolerated at licensed coffeeshops. Countries that have legalized medical use of cannabis include Argentina, Australia, Barbados, Brazil, Canada, Chile, Colombia, C ostaRica, Croatia, Cyprus, CzechRepublic, Denmark, Ecuador, Finland, Ge rmany, Greece, Ireland, Israel, Italy, Jamaica, Lebanon, Lithuania, Luxembo urg, Malawi, Malta, the Netherlands, New Zealand, North Macedonia, Norway, Panama, Peru, Poland, Portugal, Rwanda, Saint Vincent and the Grenadines, San Marino, Sri Lanka, Switzerland, Thailand, the United Kingdom, Uruguay, Vanuatu, Zambia, and Zimbabwe. Others have more restrictive laws that allow only the use of certain cannabis-derived pharmaceuticals, such as Sativex, Marinol, or Epidiolex. In the United States, 37 states, 4 territories, and the District of Columbia have legalized the medical use of cannabis, but at the federal level its use remains prohibited. Interestingly Njaja (cannabis) and Mirra (khat), although designated as noncommercial herbs, there use both medically and economically cannot be underestimated, neighboring countries like Kenya and Ethiopia have actually delegalized their trade, and have adopted an open policy for khat as a very major source of economic production, by way of comparison khat as a source of income in Ethiopia and Kenya beats all our exports combined. It’s also prudent to note that where tea grows khat will easily grow, in fact several planes ferry khat on daily basis to Mogadishu and Kenya on average earns about to there million dollars out of khat. If we are to argue in terms of the level of intoxication it can be argued that one beer bottle is equivalent to several kilograms (which would be several sacks full) of Cannabis which is practically impossible for one to consume in a single day. This therefore poses the question is it not time to delegalize these herbal plants and advocate for an open policy for cannabis and other herb medicinal plants.
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    The Psychology of law
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Psychology and law are familiar concepts in the experiment we call life. These concepts are of great importance and concern to Psychologists, political scientists, jurists, sociologists, etc. The frequency with which phycology and at times law are misunderstood and misconceived, provoke concern and debate in order to see the relationship between them. One might ask why the order in the arrangement of the concepts, why not law and Psychology but rather Psychology of the law? My answer is simply, it is so arranged because we have Psychology of law, meaning that we can apply psychological lens and principles to these other concepts. The unwearied think that Psychology is not relevant to the concrete realities in the society. This is not true. Psychology is not for those with massive intellects alone, it is approachable, one only need to be disposed, prepared and disciplined. It does not parade only senseless abstract ideas; it rather deals with concrete and particular issues of life. In the course of our exposition, one will discover that Psychology does not have the meaning many attaches to it. Neither does it mean occultism nor atheism; it is rather knowledge of things through the mirror perspective view. The field of psychology and law involves the application of scientific, clinical, and policy aspects of psychology to issues that arise in the legal system. Diverse perspectives are encompassed within psychology and law, including The Pyschology of Law viii most of the major subdivisions in psychology (e.g., cognitive, developmental, industrial/organizational, and clinical). So, for example, cognitive psychologists may examine the reliability of eyewitness memory; developmental psychologists may assess the impact of maltreatment and abuse on social and cognitive development; industrial/organizational psychologists may investigate how workplace conditions contribute to the incidence of sexual harassment; and clinical forensic psychologists may provide assessment and treatment services to courts and attorneys, law enforcement agencies, or offenders in correctional settings or under court supervision. In each of these instances, psychologists use research and/or treatment protocols relevant to their specialization to address specific questions that emerge in the law. This article is organized around the intersection of those traditional subdivisions of psychology and the law. The field of psychology and law values contributions from professionals in a variety of different settings including university and research organizations, clinical practice, law enforcement agencies, correctional institutions, and other governmental and nonprofit agencies. Furthermore, it as well values the contributions of professionals. Thus, it is the main purpose of this edition to espouse the concepts involved, show their relationships and argue that Psychology is particularly important in interpretation of the law due to its unique nature. Within the calculus of factors so as to achieve morality, ethics, common good, substantive justice, etc “This is how to get away with murder...discredit the witnesses, introduce a new suspect and rebury the evidence...”
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    Much obliged, my Lord: “Legal practice demystified”
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    This book includes five volumes which cover corporate governance, legislative drafting, legal aid & pro bono practice, judicial practice as well as public legal practice
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    The art of oratory in jurisprudence
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Lawyers often speak before adjudicators, city councils, planning commissions, and give talks to civic groups, business executives, or company employees. They even give media interviews on behalf of clients. For certain individuals, it falls into place without any issues. It’s a piece of their characters. In any case, for the individuals who aren’t sure or have stage dread can generally work on speaking and oratory skills. It’s progressively essential to be a viable open speaker if you mean to be a litigator. Judges and juries will anticipate it. Restricting insight will be prepared to jump if you need certainty or on the off chance that you continually slip up when making your contentions in court. It is a high stress condition and you should be agreeable introducing your case as well as having the option to think and react quickly when being tested by your appointed authority. For attorneys, this is significantly increasingly significant. Individuals believe that since you’re a legal counsellor, you’re consequently a dauntless and splendid open speaker. We legal advisors all realize this isn’t in every case valid. This desire, however, is one motivation behind why it’s progressively significant for legal advisors to have great talking abilities than it is for some other experts. As a legal advisor, it’s important that you realize how to convince an adjudicator or council, or address a gathering of professionals, investors, or meeting members. Be that as it may, past this, legal advisors despite everything should be viable communicators in littler gatherings with clients and different lawyers. This isn’t “public speaking” as such. All things considered, the core of the lawful practice is speaking to your customer, and you can’t exclusively do this through the composed word. Regardless of whether you’re a value based lawyer, you’ll be aware of your client’s expectations and understand them to different gatherings and lawyers. You’ll have to introduce a certain front regardless of whether you’re feeling apprehensive inside. An analysis about the importance and need of forensic oratory in the training of the future professional of the Law major is presented, since this topic has been poorly included in the teaching learning process of the Law students. Varied classificatory criteria are suggested in order to enhance a better theoretical systematization for its learning and also for the development of communicative skills. Its objective is the consolidation of a more comprehensive formative process of the students in different law contexts, considering their professional profile at the university. This Book examines representations of courtroom oratory, delivery, and the speaker’s body in medieval rhetorical theory and current practice. It contests the view that medieval theorists paid little attention to judicial oratory and that they largely ignored delivery. After looking at rhetorical treatises, procedural manuals, guides to legal deportment, satiric portraits of the lawyer absorbed vulture (etc.), the Book turns to the work of four rhetorical theorists who rewrite (and upend) ancient rhetorical theory: Alcuin of York, Boncompagno da Signa, Guilhem Molinier, and Jean de Jandun. Each offers an animated account of embodied legal expression, a richly detailed evocation of the medieval courtroom, and a distinctive theory of the pleader’s body. In their work, law appears not as a set of rules or the sovereign’s fiat but as visceral, intimate bodily experience. Here, the body may appear as a divine instrument. Or, alternatively, it may appear as a material thing with a life of its own: indecorous, prone to accident, hopelessly leaky, sublimely obscene.
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    Sustainable environmental law: The future for Uganda
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    For the worldwide goal of preventing climate change while sustaining economic growth and permitting living standards to rise, meeting present and future energy demands sustainably is a crucial challenge. For health care, education, and economic development, it is crucial to have access to affordable, reliable energy, especially electricity. 790 million people in developing nations will not have access to electricity by 2020, and about 2.6 billion will cook with harmful fuels. Most of the United Nations 2030 Sustainable Development Goals, which address topics like gender equality and climate action, may be achieved by increasing energy availability in the least developed nations and making energy cleaner. By 2030, all people must have access to "cheap, dependable, sustainable and contemporary energy for all," including access to electricity and facilities for clean cooking.
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    Exorcising the inexorcible Buganda ghost
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    About the Book Exorcising the inexorcible Buganda ghost: Hoodwinked, Dumped, Used and re-dumped; A quest for Buganda's cause for Buganda's independence. Buganda in response to their proposals, were invariably faced either cynical deception. What went wrong? Where did this insolent manner of talking down from the height of their exceptionalism, infallibility and all-permissiveness come from? What is the explanation for this contemptuous and disdainful attitude to Buganda interests and absolutely legitimate demands? Buganda has grown weaker and subsequently broken apart. That experience should serve as a good lesson for Buganda because it has shown us that the paralysis of power and will is the first step towards complete degradation and oblivion. Buganda lost confidence for only one moment, but it was enough to disrupt the balance of forces in the Uganda. As a result, this book will argue that the old treaties and agreements are no longer effective. Entreaties and requests do not help. Anything that does not suit the dominant state, the powers that be, is denounced as archaic, obsolete and useless. This redivision of the world, and the norms of international law that developed by that time and the most important of them, the fundamental norms that were adopted following WWII and largely formalised its outcome came in the way of those who declared themselves the "bread servers" under the scramble and partition of Africa. Of course, practice, international relations and the rules regulating them had to consider the changes that took place in the world and in the balance of forces, especially the 1900 Buganda agreement, should have been done professionally, smoothly, patiently, and with due regard and respect for the interests of all states and one’s own responsibility. Instead, we see a state of euphoria created by the feeling of absolute superiority, a kind of modern absolutism, coupled with the low cultural standards and arrogance of those who formulated and pushed through decisions that suited only themselves. The situation takes different turn. These Western colleagues (and their cronies) prefer to forget what they did, and when we mention the event, they prefer to avoid speaking about international law, instead emphasising the circumstances which they interpret as they think necessary. This so called 1900 buganda agreement has pushed Uganda towards a humanitarian catastrophe and into the vortex of a civil war, which has continued up today. The type of colonial con-artist behaviour was contrary not only to the principles of international relations but also and above all to the generally recognised norms of state sovereignty they used devide and rule. This book offers no illusions in this regard and is extremely realistic in my assessment, further expansions of the Chinese influence deepen the Buganda question even more. For the colonialist it was obvious geopolitical dividends, for our country, it is a matter of life and death, a matter of our historical future as a nation. The Buganda question is not an exaggeration; this is a fact; it is not only a very real threat to our interests but to the very existence of our state Uganda and to its sovereignty. No doubts several red lines have been stepped over on numerous occasions. The cause and effect are that there should be no "staged coup" like the backfired " coffin cake " saga and third Kabaka crisis only and only ornamental election procedures towards the path of peace should be pursued. Buganda all must and should be done by peaceful political means. It is Buganda's it is their aspirations, the feelings and pain of the people that is the main motivating force behind their decision to recognise the independence of Buganda. Although Buganda may have accepted the new geopolitical territorial gains and loses, it should never lose its sovereignty and independence. We need to respect the will sovereignty of Buganda. Buganda has faced tragic events and a challenge in terms of its statehood and integrity. Buganda cannot feel safe, develop, and exist while facing a permanent threat of its terrorial rights and sovereignty. The purpose of this book is to protect and remind the people of Buganda who, for over 700(seven hundred) years now, have been facing humiliation and genocide perpetrated by colonial legacy. To this end, they as a people will seek to redeem, find and take back their " righteous God given sovereignty." It is not my desire plan to advocate for a Buganda territory. I do not intend to impose anything on anyone by force. At the same time, but history has it of a number of statements coming that what ever " documents" particularly the 1900 agreement was a mere puff from the colonialist and there is no need any more to abide by the documents setting forth the outcomes of World War I and II, as signed by the totalitarian western fascist, racial regimes, this book asks that magic question... How can Buganda respond to that? A nation like Buganda should enjoy the right to self-determination, which is enshrined in Article 1 of the UN Charter. Freedom guides our policy, the freedom to choose independently our future and the future of Bugandas children, Buganda must be able to enjoy this right to make a free choice. In this context I would like to address the unsettled Buganda question, Buganda is obliged to protect her sovereignty from those who stole it from them, their choice is in favour of being with their historical homeland, asoveign independent Buganda. The current events in Buganda and Uganda generally have everything to do with a desire to excorsize this in settled "Buganda ghost" in quest for its independence which has existed for over 700(seven hundred) years. Those who took Buganda hostage and used it against them and Uganda, played a very unfair "game" used legal social contracts like the order in council, inception clauses, reception clauses and particularly the 1900 Buganda agreement which for all intent and purposes were done with a Minor, (Daudi Chwa) and compromised reagents with no legal authority and therefore no contractual capacity, biased, taintated with malafide, frivolous and vexatious only to serve their own selfish ends. To use Kabaka Frederick mutesa words "we are acting to defend ourselves from the threats created for us and from a worse peril than what is happening now" (emphasis added) By allowing buganda to be used as a staging force to corce uganda and allign british intrest along the nile basin valley led to interfere in Bugandas affairs while strengthing Buganda from within as a single whole, but weakening Buganda from outside, the British exploited Buganda's best weakness " expansionist " tendency and prayed on Buganda's desire to extend its boarders from mere three counties to its present almost 20 but at the expense of its sovereignty and independence. The book also addresses the loss of military force of the Bambowa, reducing the once best naval force in the interlacustrine area into mere " Byoya by a nswa" The Buganda fathers, grandfathers and great-grandfathers did fight the occupiers and did defend their common Motherland to allow today’s continued neocolonialism to seize power in Buganda is to hoodwink, use, dump, use re-dump Buganda. The Kabaka swore the oath of allegiance to the Buganda people and not to the colonial government, the people’s adversary which plundered Buganda and humiliated the Baganda people. I want to emphasize again that all responsibility for the possible loss of independence of Buganda will lie fully and wholly with the leaders of the time.
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    Music and the Law in Uganda
    (Jescho Publishing House, 2022) Lubogo, Isaac Christopher
    Music law is important to creating and performing music. Music lawyers do their part to help their clients understand the laws and protect their interests. While the music industry primarily involves licensing and contract law, music law may involve a number of different types of law that are all a part of creating and performing music so the question therefore is